Sigmon v. Goldman Sachs Mortgage Company et al
Filing 76
OPINION & ORDER re: 65 MOTION to Dismiss The Second Amended Complaint. filed by Goldman Sachs Mortgage Company, MLQ DML Hotel, L.L.C., MLQ DML Restaurant, L.L.C., MLQ DML SPA, L.L.C.. For the reasons described herein, Defendant s' Motion to Dismiss the Second Amended Complaint is GRANTED IN PART and DENIED IN PART. (ECF No. 65.) The Trustee's cause of action to void the Deed in Lieu Agreement (Claim 2) is DISMISSED. Defendants' motion to dismiss the construc tive fraudulent transfer claim (Claim 1) is DENIED WITHOUT PREJUDICE. The Court also schedules a status conference for October 30, 2015 at 2:00 p.m. Counsel for the parties should report to Courtroom 1306 at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007. (Signed by Judge Andrew L. Carter, Jr on 9/29/2015) (kgo)
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